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Law Society investigating conduct of veteran prosecutor

Probe was prompted by Toronto Star article outlining allegations that Crown attorney Paul Amenta threatened a teenaged witness. The defence in the trial he was involved in is trying to get the case stayed.

Crown prosecutor Paul Amenta's actions in a courthouse hallway are being investigated by the Law Society of Upper Canada. (DALE BRAZAO / TORONTO STAR FILE PHOTO)

The Law Society of Upper Canada has launched an investigation into the conduct of a senior prosecutor because of a recent article published in the Star.

Veteran Scarborough Crown attorney Paul Amenta received notice from the body that governs lawyers shortly after the Star published an April 1 article outlining allegations that he threatened a 16-year-old witness in a courthouse hallway, according to comments made by his lawyer, Owen Wigderson, at a recent court hearing.

This January, the Scarborough prosecutor’s office replaced Amenta at a youth schoolyard assault trial after the teenage witness and his mother testified in a special hearing about his conduct.

The witness, who cannot be identified under the Youth Criminal Justice Act, told the court Amenta got very close to him in the hallway of the courthouse and shouted that he does not “f--- around” and that he was going to “come after” him if he did not tell the truth.

The teen’s mother also told the court she felt that Amenta was threatening her son and that she was upset this happened in front of the young men he was set to testify about.

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A father of one of the youth accused also testified that he heard Amenta say “f---ing cowards” as he walked out of the courtroom, but it was unclear at whom the comment was directed.

Based on a review of transcripts from the special hearing, it appears Amenta was concerned the youth witness was going to be less than truthful on the stand. The teen’s version of events was inconsistent with a video that forms part of the Crown’s case, according to the transcripts.

On Tuesday, defence lawyers for the two youth accused in the schoolyard assault asked Justice Russell Otter to stay the charges against their clients on the grounds of prosecutorial misconduct.

Defence lawyers Tom Shoniker and Christian Pearce argued that their client’s fair trial rights have been irreparably compromised because Amenta sought to influence the youth witness’s testimony and “created an atmosphere of oppression.”

They also argued that Amenta’s behaviour “undermined the integrity of the judicial process” and sent a message that the Crown was not playing a neutral truth-finding role but was “out to win at all costs.” Allowing the case to continue would “offend society’s notion of fair play and decency,” said Shoniker.

Deputy Crown Phil Kotanen countered by saying the evidence put forth about what Amenta said and did was “vague and inconsistent” and that his colleague was simply telling a witness he could be charged with perjury if he lied on the stand — a fact, not a threat.

He added that if the evidence was taken at its highest, Amenta was using a “colloquial way of speaking to a witness and communicating a Crown’s point of view.”

Fair trial rights were not at risk, Kotanen argued, because there was no evidence as to what Amenta wanted the witness to say and no evidence that the witness’s testimony would be compromised.

Justice Otter will rule on the future of the youth trial July 29.

Amenta’s lawyer, Wigderson, said he and Amenta would “very much” like to comment on the allegations and on the investigation that was commenced by the Law Society, “solely as a result of a Toronto Star article about a legal proceeding,” but added it would be “professionally inappropriate” for them to do so while matters are still before the court.

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